[HISTORY: Adopted by the Town Board of the Town of Marlborough 11-25-2002
by L.L. No. 4-2002. Amendments noted where applicable.]
This chapter shall be known as the "Right to Farm Law of the Town of
Marlborough."
It is the general purpose and intent of this chapter to maintain and
preserve the character of the Town of Marlborough to permit and encourage
the continuation of the business of farming within the Town of Marlborough
to protect the existence and operation of established farms, and to encourage
the initiation and expansion of farming.
A.
It is the declared policy of this Town to enhance and
encourage agricultural operations within the Town. It is the further intent
of this Town to provide to the residents of this Town proper notification
of the Town's recognition and support, through this chapter of those persons'
and/or entities' rights to farm.
B.
Where nonagricultural land uses extend into agricultural
areas or exist side by side, agricultural operations frequently become the
subjects of nuisance complaints due to lack of information about such operations.
As a result, agricultural operators are forced to cease or curtail their operations.
Such actions discourage investments in farm improvements to the detriment
of adjacent agricultural uses and the economic viability of the Town's agricultural
industry as a whole. It is the purpose and intent of this chapter to reduce
the loss to the Town of its agricultural industry as a whole. It is the purpose
and intent of this chapter to reduce the loss to the Town of its agricultural
resources by clarifying the circumstances under which agricultural operations
may be considered a nuisance. This chapter is not to be construed as in any
way modifying or abridging any New York State law or any other applicable
provisions of state law relative to nuisances; rather it is only to be utilized
in the interpretation and enforcement of the provisions of this Town law.
C.
An additional purpose of this chapter is to promote a
"good neighbor" policy by advising purchasers and users of property adjacent
to or near agricultural operations of the inherent potential problems associated
with such purchase or residence. Such concerns may include, but are not limited
to, the noises, odors, dust, chemicals, smoke and hours of operations. It
is intended that purchasers and users will better understand the impact of
living near agricultural operations and be prepared to accept attendant conditions
as the natural result of living in or near rural areas.
A.
Unless specifically defined below, worth or phrases used
in this chapter shall be interpreted so as to give them meanings they have
in common usage and to give this chapter its most reasonable application.
B.
AGRICULTURAL ACTIVITIES
FARMLAND
As used in this chapter, the following terms shall have
the meanings indicated:
The production of crops, livestock, and livestock products as defined
in § 301 (2) of the Agriculture and Markets Law of the State of
New York.
Land used in agricultural production, as defined in § 301
(4) of the Agriculture and Markets Law.
A.
Farmers, both full-time and part-time, as well as those
employed, retained or otherwise authorized to act on behalf of farmers, may
lawfully engage in farming practices within the Town of Marlborough at any
and all such limes and all such locations as are reasonably necessary to conduct
the business of farming.
B.
For any activity or operation, in determining the reasonableness
of the time, place and methodology of such operation, due weight and consideration
shall be given to both traditional customs and procedures in the farming industry
as well as to advances resulting from increased knowledge and improved technologies.
C.
It is hereby declared that agricultural activities conducted
on farmland are presumed to be reasonable and do not constitute a nuisance
unless the activity has a substantial adverse effect on the public health
and safety.
D.
No agricultural or farming operation, place, establishment
or facility shall be or shall become a nuisance, as a result of changed conditions
in or around the locality of such agricultural or farming operation, place
or establishment if it was not a nuisance at the time it began operation.
The Town Board shall adopt a Right to Farm Statement and prescribe the
method of its dissemination.
This chapter is not intended to contradict or contravene any law, rule,
regulation, restriction or proscription of the United States, State of New
York, County of Ulster or Town of Marlborough, which may now or may hereafter
pertain, and accordingly, such legislation arid regulations shall be deemed
continued in full force and effect and unaffected by this chapter.
If any part of this chapter is for any reason held to be unconstitutional
or invalid, such decision shall not affect the remainder of this chapter.
This chapter shall become effective upon filing with the New York State
Secretary of State's office.
